The Sales Tax Exemption Letter pdf is a scanned image of a letter. Following is the text.

Sales Tax Exemption Letter Opens in a new window

(image: great seal of Alabama)

JAMES C. WHITE, SR.
Commissioner

S.L. EVANS
Assistant Commissioner

LEWIS A EASTERLY
Secretary

STATE OF ALABAMA DEPARTMENT OF REVENUE
Montgomery, Alabama 36130
(205) 832-5790

March 16, 1983

ºÙºÙÊÓƵ
ºÙºÙÊÓƵ
P.O. Box BT
University, Ala. 35486

Gentlemen:

This is in reply to your application received March 16, 1983, requesting an Alabama sales tax exemption certificate.

Please be advised that public schools, including institutions of higher learning, are specifically exempted by law from the payment of Alabama sales tax; therefore, an exemption certificate would not be needed by your school. When purchasing items for school use, you should furnish your suppliers with a copy of the enclosed REgulation G27-051.3, which indicates your exempt status.

If we may be of further assistance, please feel free to contact our office.

Yours very truly,
SALES AND USE TAX DIVISION
Joe Walls (signature)
Joe Walls
Revenue Examiner

JW:bw

Enclosure

cc: Mr. Johnnie L. Jenkins

(page break)
ALABAMA - DEPARTMENT OF REVENUE - SALES AND USE TAX RULES

Act No. 100, Second Special Session of 1959, Code of Alabama 1975, Section 40, Chapter 23. Effective on and after October 1, 1959.

10-80

G27-051.3
G27-051.4
G27-052

G27-051.3. Sales to Public Schools

Tangible personal property is exempted from sales and use taxes when purchased for the sole use and benefit of, and for use under control of a state, county, or city school form any funds under the control of such school where a purchase order is issued therefor by the principal of an elementary or high school or by an official authorized to make purchases for an institution of higher learning. The purchase order so issued must contain the following:

  1. The name and address of the school or institution.
  2. An itemized list of the property being purchased.
  3. A certificate to the effect that
    1. the property purchased will be under the control of and for the sole use and benefit of the school or institution named, and
    2. the person making the certificate and signing the purchase order is the principal of the school or an official authorized to make purchases for an institution of higher learning.

G27-051.4. Sales to Public Schools - Athletic Equipment

Sales of athletic equipment to public schools is exempted from sales tax where such sales are made in accordance with the provisions of Sales and Use Tax Rule G27-051.3, Sales to Public Schools. (Act No. 100, Section 33(i), Section 40-23-4(11))

In those instances where athletic equipment is purchased by a private person or private organization for use by a school, private or public, the sale thereof for such use is subject to tax.

G27-052. Sales to Public Schools, Public School Principals or Teachers, etc.

Sales of tangible personal property to public schools or for the use therein shall not be subject to tax under the following circumstances:

  1. Where the property is sold pursuant to a purchase order issued by the State of Alabama or a county or city of the State or any instrumentality thereof.
  2. Where the property is sold pursuant to a certificate as provided for by Sales and Use Tax Rule G27-051.3, Sales to Public Schools.
  3. Where the property is sold for use in school lunchrooms in preparing meals to be sold to school children in school buildings, not for profit.
  4. Where the property sold is for resale in the school to students for consumption on the school premises or for use in the preparation of lessons and where the sales are made under the supervision and control of the school principal and with no profit to any individual.
  5. Where purchases of items for resale through fund raising projects are made by organizations such as Beta Clubs, Hi-Y Clubs, Band Clubs, Athletic Clubs, Civic Clubs, and class organizations under the control and supervision of the administrative head of the school. (State of Alabama v. Monk & Associates, Inc.)

(continued)
(page break)
ALABAMA - DEPARTMENT OF REVENUE - SALES AND USE TAX RULES
Act No. 100, Second Special Session of 1959, Code of Alabama 1975, Section 40, Chapter 23. Effective on and after October 1, 1959.
10-80
G27-052 (continued). Sales to Public Schools, Public School Principals or Teachers, etc.

Vendors making sales to public school principals or teachers must treat as subject to sales tax any sales of property for the private and personal use of any individual exempt as noted above.

Vendors making sales to students for their personal use cannot claim exemption even though such sales may be made through the school principal or a teacher or an organized group affiliated with the institution.

The records to be maintained by vendors making sales to public school principals in order to establish an exemption under this rule shall include a copy of the vendor's invoice giving the name of the school, the name of the principal, and a description of the goods; provided, it will not be necessary to have the principal sign the purchase order where delivery is made to a school lunchroom or to a school supply store regularly making purchases of property exempted under this rule. It is further provided that a signed purchase order alone will not guarantee exemption to a vendor where the goods sold would not customarily be used for educational purposes. In instances of such sales, the vendor must be prepared to prove that the goods were used in connection with a recognized and approved public school program under the supervision and control of the school officials.

Examples of vendors' sales which would not be subject to sales tax:

1.

  1. Sales of food or supplies to school lunchrooms.
  2. Sales of cold drinks, milk, ice cream, and school supplies to an established school supply store operated under the supervision and control of the school principal.
  3. Sales of classroom supplies to a principal or teacher pursuant to properly executed purchase orders signed by the administrative head of the school.
  4. Sales of fuel delivered to a public school for school use.

Examples of vendors' sales which would be subject to sales tax:

2.

  1. Sale of desk set to a principal for his personal use.
  2. Sales of class rings to students, either directly to the students or through a teacher or school organization.
  3. Sales of school photographs either directly to students or to students through a teacher or a school organization.
  4. Sales of sweaters and jackets to students either directly to students or to students through a teacher or school organization.

Such property listing in 2(b) through 2(d) is not school property and is not used for school purposes, but becomes solely the property of the student who ultimately pays for the item. (Hibbett Sporting Goods, Inc., v. State of Alabama) (Act No. 100, Section 33(i), Section 40-23-4(11), Amended October 29, 1976)